We reported this confluence of Politics, Legal Malpractice and big estate probate work several weeks ago.  Defendants were  R. Christopher Bell, the 2006 Democratic gubernatorial nominee and a former U.S. congressman; Annette M. Henry; and their former firm, Bell & Henry in Houston.

Today, the Texas Lawyer Blog writes:  "former client’s breach-of-fiduciary duty claims can go to trial. In a June 24 decision, the 14th Court of Appeals held in Trousdale v. Henry, et al. that Lenieta Wylene Trousdale’s breach-of-fiduciary duty claims against the two attorneys and the firm were timely filed and are separate from her time-barred legal malpractice claims against all three defendants. The 129th District Court in Houston had granted summary judgment to Henry, Bell and the firm and dismissed Trousdale’s malpractice and breach-of-fiduciary duty claims. In a 2-1 decision, the 14th Court concluded that the trial court erred in applying the two-year statute of limitations to Trousdale’s breach-of-fiduciary duty claims, which include her claim that the defendants allegedly failed to tell her that her probate case and a separate fraud-and-conversion suit had been dismissed even though they continued to demand payment from her. The divided 14th Court panel affirmed the trial court’s order dismissing Trousdale’s malpractice claim but reversed the portion of the order dismissing the breach-of-fiduciary duty claims, which are controlled by a four-year statute of limitations. Justice Leslie Brock Yates joined Justice Wanda McKee Fowler in the majority opinion. Justice Eva Guzman wrote in her concurring and dissenting opinion that she would hold all of Trousdale’s claims are time-barred. "

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.